Attorney Fees

     Clients often ask how an attorney determines what to charge for a case and what does an attorney do to justify the fee? The answer is, "It varies." Criminal defense attorneys must assess each case individually to determine how extensive the defense of a case will be; each case is different, and while a general "ballpark" figure can be quoted, it is not really possible to determine all the avenues of defense in a case until a client interview.

In a client interview, the attorney can determine what defenses should be asserted on behalf of the client: whether a motion to suppress evidence or statements is necessary, or perhaps whether an attack on the constitutionality of an ordinance or statute will be necessary. The attorney must also determine whether extensive factual research and witness development will be a part of the case, and what depositions (sworn statements of witnesses) might be called for.

Another consideration in the setting of attorneys' fees is whether the case is in federal or state court, whether the case is a felony or misdemeanor, and what the likelihood of resolution of the case through negotiations will be. Many attorneys have a two-tier fee system, which calls for a retainer to handle all aspects of the case (excluding costs) up to trial, and an additional trial fee. Most retainers are non-refundable, primarily because the attorney may have given up other cases to accept representation of this client and because the courts will often refuse to allow an attorney to withdraw from representation.

When you hire the law office of Teresa J. Sopp, P.A., an individualized fee agreement will be prepared, setting forth the scope of the work the attorney will handle and the particular fee for that work. Our law office requires that retainers in criminal cases be paid in advance. Keep in mind that the fee covers not only the attorney's actual time involved in handling the case, but the attorney's experience, judgment and ability to navigate the court system as well. Attorney's fees in criminal cases are not billed by the hour; they are instead flat retainer fees based on the complexity of the case and the level of involvement.